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The original custody agreement was written in Maryland.  I was named custodial parent and standard joint legal custody agreement.  This has been in accordance for the last seven years.  NCP has visitation one weeknight and EOW.  NCP has failed to pay child support in all those years, but I made no attempt to file a suit or collect it.  

Three months ago, NCP convinced the oldest child to live in that residence which included a change of schools.  Immediately after, NCP disallowed all visitation for two months time and has been sporadic in allowing it these past few weeks. NCP claims 13 year old does not want to visit.

My lawyer drew up a petition for sole physical custody of all children to my care.  This is a change from the original agreement.  My reasons are that I can no longer see my oldest, oldest child's grades feel to failing level while in NCP's care, and that the weeknight visitation creates a hardship on the children during the school year due to travel time.  NCP answered the complaint within the time limit.

NCP answered that the complaint was not acceptable and asked for the case to be dismissed and both of our legal fees be paid by me.  The answer included interogatories and a request for my witness list and discovery.

Questions:

1)  I can't find anywhere in the answer what it is NCP wants as an outcome to this case, only that the petition I filed is unacceptable.  Should NCP have filed a counterclaim since they want  primary custody fo the oldest?

2)  Can NCP file a counterclaim at a later date?

3)  Does it make a difference to the court if NCP wants primary physical custody of one child as opposed to all the children?

4) Does the fact that the interrogetory only has financial questions mean that it is likely she will attempt to sue me for child support?

5) In what scenarios would a court be likely to force me to pay legal fees for NCP?

Hello

Facts:

Current joint custody case in Maryland agreed to in 2002
Original agreement says 3 kids live with dad and visit me EOW + one weeknight
I was required to pay child support, but he told me not to worry about it
Agreement required me to live in the same school district.
12 year old daughter moved in with me two months ago.  She hates her father and is refusing to visit him for the most part
I was served last with with a petition for sole custody by their dad

Questions

1)I moved across the state line in 2002.  Can he enforce this part of the custody agreement years later or has he already agreed to let me move by not saying anything for four years?

2)He told me I didn't have to pay child support to him for the last three years.  Now he filed for arrears for the entire time.  Will a judge allow him to do this years later?

3)My daughter does not want to live with him or even see him any more.  He has damaged their relationship by being a control freak.   Do I have to force her to go see him when she doesn't want to?

4)The original custody agreement says the kids have to stay in their current school district.  He filed contempt because my oldest is now in my school district.  But he helped her move out here and verbally agreed to this.  How can he file contempt now?

5)I want the court to hear my daughter's voice in this matter.  How can I get the judge to consider that she needs her mother right now?

6)What information will I have to provide to show the judge that my daughter is better off with me?  

7)  He wants to change from 50/50 custody to sole custody for all the kids and not just the oldest.  That will leave me with a lot less visitation with the two that live with him and want to stay with him.  I think he's just doing that to avoid having to pay me child support.  Will the courts consider changing custody of the other two when there is no real change in circumstances for them?

Thanks you.

The maternal grandmother got ustody before BM went to prison.   Why didn't dad get custody at this time?

You mentioned there was a second custody hearing in which the court gave BM custody.  Did DH petition for custody at that time?

I'm not sure I'd push the drug issues.  You say the drug tests were failed prior to prison which was at least more than a year ago.  Figure she was clean for the 15 months of prison.  Random urinalysis is generally a part of probation, so it's more than likely she can demonstrate a long period of sobriety and/or completion of some sort of rehab.  Talk to your attorney, but the court probably won't look down on her after years of sobriety.  

As to the therapy, Mom is giving the appearance of doing whatever is necessary to maintain her daughter's mental health and well being by attending family sessions with her.  DH would do well to follow suit and demonstrate an equal effort.

DH can consider it reunification therapy and a time to renew his relationship with his daughter.   At 6 years old, it's going to largely be play therapy and a time for them to bond with the establishment of healthy boundaries, hopefully.